FOIA Project Annotation: Judge Christopher Cooper has ruled that the FCC must disclose email addresses used to submit comma-separated value (.CSV) files pertaining to public comments made to the agency in response to its decision to repeal the net-neutrality provisions put in place during the Obama administration to journalist Jason Prechtel, but has held Prechtel's challenge to application programing interface (API) keys in abeyance until the General Services Administration can weigh in on who owns them. Cooper also found that redactions the agency made under Exemption 5 (privileges) were appropriate. Prechtel filed a FOIA request with the FCC and GSA for public API keys used to submit online comments, including associated registration names and email addresses, as well as copies of data files submitted through those API keys, and logs of dates and times that those API keys were used to submit comments. Prechtel's request to the FCC also asked for email addresses associated with .CSV comment uploads, along with the .CSV files uploaded, logs of dates and times the email addresses submitted comments, and email inquiries to ECFSHelp@fcc.gov regarding .CSV comment submissions. GSA told Prechtel that the FCC has control of the API keys. After the FCC failed to respond, Prechtel filed suit. The FCC then disclosed 15 pages responsive to Prechtel's query about the help desk, redacted several emails, and told Prechtel that it did not maintain records on the API keys, asserting that GSA maintained those records. Because Prechtel did not add GSA as a defendant until after he and the FCC had filed summary judgment motions, GSA had not yet addressed the issue of who owned the API keys. Cooper approved the FCC's redactions based on the deliberative process privilege. Turning to the email addresses used for submitting .CSV comments, Cooper pointed out that the FCC misunderstood Prechtel's request by assuming that he wanted to public comments that were available on its website. Cooper noted that Prechtel was requesting the .CSV files themselves, not their content. He observed that "the .CSV files have independent value â€" principally, they reflect which comments were submitted together and, assuming disclosure of the bulk file submitters' email addresses, by whom. Whether or not the Commission properly withheld the email addresses of bulk submitters, it still must justify independently the withholding of the files themselves." Although email addresses of individual submitters were public, the FCC argued that bulk submitters only transmitted files and did not necessarily comment. Cooper disagreed, noting that "the individuals here sought to influence agency decision-making by submitting scores of public comments into the administrative record. This makes them more akin to individual commenters who provide their email addresses when petitioning the government. . .Any difference between public commenters' and bulk submitters' privacy interests is one of degree, not kind. . .In other words, when someone submits multiple comments to influence public policy and is told that her email address will become part of the public record, her privacy interest in that email address is not as strong as the Commission now suggests." Cooper agreed that there was a public interest in knowing more about the number of potentially fraudulent email addresses used in submitted comments. He pointed out that "the public-commenting process appears to have been corrupted by endemic fraud and the Commission hopes to take action to ensure that this problem will not recur. Disclosure of the email addresses and .CSV files will enable interested observers to scrutinize that action (or its absence) by defining the scope of the problem." Explaining why disclosure of more information would benefit the public interest, Cooper observed that "the already public information paints only part of the picture. The .CSV files will reveal which public comments were submitted together and â€" with disclosure of the bulk submitter email addresses â€" by whom. The public might better understand the agency's responsiveness to various constituencies if it knows which stakeholders solicited and facilitated bulk public comments and which comments they submitted."
Issues: Request - Specificity

ERRATA against FEDERAL COMMUNICATIONS COMMISSION filed by Jason Prechtel. (Attachments: # 1 Errata Please not that this is exhibit A to the complaint for case 17-cv-1835 that was filed yesterday.)(Topic, Matthew) Modified event title on 9/20/2017 (znmw). (Entered: 09/08/2017)

MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure by January 3, 2018. Signed by Judge Christopher R. Cooper on 12/15/2017. (lccrc3) (Entered: 12/15/2017)

MINUTE ORDER granting the parties' proposed briefing schedule. Defendant's Motion for Summary Judgment is due on or before February 16, 2018. Plaintiff's Opposition and Cross-Motion are due on or before March 16, 2018. Defendant's Opposition and Reply are due on or before April 6, 2018. Plaintiff's Reply is due on or before April 20, 2018. Signed by Judge Christopher R. Cooper on 1/4/2018. (lccrc3) (Entered: 01/04/2018)

2018-01-04

Set/Reset Deadlines: Summary Judgment motions due by 2/16/2018. Response to Motion for Summary Judgment due by 3/16/2018. Reply to Motion for Summary Judgment due by 4/6/2018. Plaintiff's Replies due by 4/20/2018. (lsj) (Entered: 01/04/2018)

Unopposed MOTION for Extension of Time to File Plaintiff's Opposition and Cross-Motion for Summary Judgment by JASON PRECHTEL (Burday, Joshua) (Entered: 03/12/2018)

2018-03-13

MINUTE ORDER granting 12 Motion for Extension of Time. Plaintiff shall file any opposition and cross-motion for summary judgment on or before March 30, 2018. Defendant shall file its opposition and reply on or before April 20, 2018. Signed by Judge Christopher R. Cooper on 3/13/2018. (lccrc3) (Entered: 03/13/2018)

2018-03-29

13

Unopposed MOTION for Extension of Time to File Plaintiff's Opposition and Cross-Motion for Summary Judgment by JASON PRECHTEL (Burday, Joshua) (Entered: 03/29/2018)

2018-03-29

MINUTE ORDER granting 13 Motion for Extension of Time. Plaintiff shall file the Opposition and Cross-Motion for Summary Judgment on or before April 13, 2018. Signed by Judge Christopher R. Cooper on 3/29/2018. (lccrc3) (Entered: 03/29/2018)

2018-03-30

Set/Reset Deadlines: Plaintiff shall file the Opposition and Cross-Motion for Summary Judgment on or before 4/13/2018. (kt) (Entered: 03/30/2018)

MINUTE ORDER granting 19 Motion for Extension of Time to File Response/Reply. Defendant shall file a reply in support of its motion for summary judgment and an opposition to Plaintiff's cross-motion for summary judgment on or before May 18, 2018. Plaintiff shall file a reply in support of his cross-motion for summary judgment on or before June 1, 2018. Signed by Judge Christopher R. Cooper on 5/4/2018. (lccrc3) (Entered: 05/04/2018)

2018-05-04

Set/Reset Deadlines: Defendant's Reply to Motion for Summary Judgment due by 5/18/2018. Plaintiff's Responses due by 6/1/2018. (lsj) (Entered: 05/04/2018)

MINUTE ORDER granting 20 Motion for Leave to File Amended Complaint. The amendment of the complaint will not affect the current summary judgment briefing schedule as to defendant FEC. Signed by Judge Christopher R. Cooper on 5/10/2018. (lccrc3) (Entered: 05/10/2018)

MINUTE ORDER granting 23 Motion for Extension of Time. Defendant shall file a reply in support of its motion for summary judgment and an opposition to Plaintiff's cross-motion for summary judgment on or before June 17, 2018. Plaintiff shall file a reply in support of his cross-motion for summary judgment on or before July 2, 2018. Signed by Judge Christopher R. Cooper on 5/22/2018. (lccrc3) (Entered: 05/22/2018)

2018-05-22

Set/Reset Deadlines: Defendant's Reply to Motion for Summary Judgment due by 6/17/2018. Plaintiff's Reply due by 7/2/2018. (lsj) (Entered: 05/22/2018)

Unopposed MOTION for Extension of Time to File Plaintiff's Reply in Support of Cross-Motion for Summary Judgment by JASON PRECHTEL (Attachments: # 1 Text of Proposed Order Proposed Order)(Burday, Joshua) (Entered: 06/21/2018)

2018-06-25

MINUTE ORDER granting 26 Motion for Extension of Time. Plaintiff's Reply in Support of the Cross-Motion for Summary Judgment is due on July 16, 2018. Signed by Judge Christopher R. Cooper on 6/25/2018. (lccrc3) (Entered: 06/25/2018)

2018-06-25

Set/Reset Deadlines: Plaintiff's Reply in Support of the Cross-Motion for Summary Judgment due by 7/16/2018. (lsj) (Entered: 06/25/2018)

MINUTE ORDER granting 27 Motion for Extension of Time. Plaintiff's Reply in Support of his Cross-Motion for Summary Judgment is due on or before July 30, 2018. No further extensions will be granted. Signed by Judge Christopher R. Cooper on 7/9/2018. (lccrc3) (Entered: 07/09/2018)

2018-07-09

Set/Reset Deadlines: Plaintiff's Reply in Support of Cross-Motion for Summary Judgment due by 7/30/2018. (lsj) (Entered: 07/09/2018)

MINUTE ORDER directing the parties to appear for a Telephone Conference set for 8/16/2018 at 2:00 PM before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 8/16/18. (lsj) (Entered: 08/16/2018)

Summons (1)Issued as to GENERAL SERVICES ADMINISTRATION. (jf) (Entered: 08/21/2018)

2018-09-13

31

ORDER granting in part and denying in part 11 Defendants' Motion for Summary Judgment; granting in part and denying in part 14 Plaintiff's Motion for Partial Summary Judgment; and directing the parties to meet and confer and file a joint status report on or before October 15, 2018. See full order for details. Signed by Judge Christopher R. Cooper on 9/13/2018. (lccrc3) (Entered: 09/13/2018)

VACATED PURSUANT TO MINUTE ORDER ENTERED 11/29/2018.....MINUTE ORDER: Upon consideration of the parties' 35 Joint Status Report, it is hereby ORDERED that the parties shall adhere to a briefing schedule as follows: Defendants shall file their motion for summary judgment on or before November 29, 2018; Plaintiff shall file his opposition and cross-motion for summary judgment on or before January 18, 2019; Defendants shall file their reply and opposition on or before February 1, 2019; Plaintiff shall file his reply on or before February 15, 2019. Signed by Judge Christopher R. Cooper on 10/17/2018. (lccrc3) Modified on 11/30/2018 (zlsj). (Entered: 10/17/2018)

2018-10-17

Set/Reset Deadlines: Summary Judgment motions due by 11/29/2018. Response to Motion for Summary Judgment due by 1/18/2019. Reply to Motion for Summary Judgment due by 2/1/2019. Plaintiff's Replies due by 2/15/2019. (lsj) (Entered: 10/17/2018)

VACATED PURSUANT TO MINUTE ORDER ENTERED 2/1/2019......MINUTE ORDER granting 36 Defendants' Motion to Continue Briefing Schedule and vacating the schedule entered on 10/17/2018. The parties shall adhere to the following briefing schedule: Defendants shall file their motion for summary judgment on or before December 31, 2018; Plaintiff shall file his opposition and cross-motion for summary judgment on or before February 19, 2019; Defendants shall file their reply and opposition on or before March 4, 2019; Plaintiff shall file his reply on or before March 18, 2019. Signed by Judge Christopher R. Cooper on 11/29/2018. (lccrc3) Modified on 2/1/2019 (zlsj). (Entered: 11/29/2018)

2018-11-30

Set/Reset Deadlines: Summary Judgment motions due by 12/31/2018. Response to Motion for Summary Judgment due by 2/19/2019. Reply to Motion for Summary Judgment due by 3/4/2019. Replies due by 3/18/2019. (lsj) (Entered: 11/30/2018)

VACATED PURSUANT TO MINUTE ORDER ENTERED ON 2/13/2019......MINUTE ORDER: In light of the restoration of appropriations, the stay in this case is lifted. Upon consideration of 38 Notice and Proposed Schedule, it is hereby ORDERED that briefing schedule entered on November 29, 2018 is vacated. The parties shall adhere to the following briefing schedule: Defendants shall file their motion for summary judgment on or before February 15, 2019; Plaintiff shall file his opposition and cross-motion for summary judgment on or before April 8, 2019; Defendants shall file their reply and opposition on or before April 22, 2019; Plaintiff shall file his reply on or before May 13, 2019. Signed by Judge Christopher R. Cooper on 02/01/2019. (lccrc3) Modified on 2/14/2019 (zlsj). (Entered: 02/01/2019)

MINUTE ORDER granting 39 Motion to Vacate Briefing Schedule. The briefing schedule entered on February 1, 2019 is hereby VACATED. The parties are hereby ORDERED to file a joint status report on or before March 27, 2019, to include an update on negotiations regarding attorneys' fees. Signed by Judge Christopher R. Cooper on 02/13/2019. (lccrc3) (Entered: 02/13/2019)